These General Terms and Conditions of Sale govern the sale of goods by us, Joanna Eriksen t/a Miller & Co to you, the customer, by telephone, email, and via our website at www.millercouk.com, or other means to our Customer Services and Client Services teams, and will form the basis of any contract of sale between us. Please read them carefully before placing your order as you will be deemed to be bound by them. Copies of these terms and conditions are available on request. Please read them carefully before placing your order and print a copy for future reference.
The Contract Between Us
Your orders are an offer to purchase goods from us, we will confirm receipt of your order by sending you an email summarising the details of your order (‘Order Confirmation Email’) or otherwise confirming your order back to you; this is the point at which we accept your order and the contract is formed (subject to these General Terms & Conditions). The contract is completed when the goods are delivered (also subject to these General Terms & Conditions).
All orders for goods made by you on the website or by telephone to a Customer Services or Client Services representative are subject to these Terms and Conditions.
Miller & Co may substitute an item of equal or greater value than the original item listed, or issue a refund for the product. This applies to items within Hampers, Gift Boxes and mixed orders. Where we have substituted an item, you may elect to receive a refund rather than accepting the substitute item by contacting Customer Services. We will make any refunds made under these General Terms & Conditions within 14 days of us receiving the item, or evidence of items acceptable to us, from you.
All payments for goods must be made when the order is placed. We will not reserve or despatch goods before payment is received. Ownership of the goods will pass to you once we have received payment in full. We cannot accept cheques or cash as payments online. Please note we cannot guarantee the security of data when communicating with Miller & Co via email or fax. Accordingly please do not send us payment information using those mediums.
Our website uses high-level SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the privacy and security of your payment and personal details very seriously. You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www. millercouk.com in your browser address window. A small locked padlock will also appear in the address bar of your browser window.
These services enhance your existing card account against unauthorised use when you shop with us. To use this service, you must first register with the bank or other organisation that issued your card. Once you've registered and created your own private password with your card issuer, you will be prompted automatically at checkout to provide this password each time you make a purchase.
Corporate orders: in addition to the payment methods mentioned above, payment by bank transfer can also be accepted for phone orders but please note that the order will not be confirmed, nor items reserved, until payment is received which can take 3 working days.
Products are invoiced in GBP sterling at the price at the time of your order. Prices displayed in brochures and on the website include Value Added Tax which will be applied at the current rate where applicable. Products might be subject to variation. If there is an error we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced item will be cancelled, and we are not obliged to honour such orders. The delivery charge is an additional cost. Please refer to our Delivery Information for full details.
Miller & Co do not accept cheques.
Product Description and Specifications
We have made every effort to ensure that the goods displayed on this website and in our brochures conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions (including wine vintages, please note all images are for illustration purposes only) of items on the website and brochures are quoted as accurately as possible. The colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor's display of any colour will always reflect accurately the colour of the item delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.
In particular, when you place an order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details) to process your transaction and to send marketing information about similar goods and services.
We may use information we hold about you for the purposes of responding to your enquiries, fulfilling your order and delivering goods to you, sending marketing communications (in the circumstances set out below), maintaining your online account (where relevant) or preventing and detecting fraud. We may also transfer your data to third parties for the purposes of delivering any goods you have ordered to you, fulfilling orders, analysing and profiling data, processing payments and providing customer service. Where you have purchased or enquired about our goods or services, we may provide you with information about similar goods, services or promotional offers. If you do not wish to receive such information please inform us at the time that you provide us with your personal data and contact details. You will also be given the option to opt-out of future communications in each electronic communication. Where you have not previously enquired about, or purchased our products or services, we will not send you information about them unless you have consented to receiving it.
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this brochure or our website only with the involvement of a parent or guardian. By placing an order with us it is confirmation that you are of legal age.
By law we cannot sell knives, products containing alcohol or tobacco to persons under the age of 18. Proof of ID may be requested. By placing an order with us it is confirmation that you are of legal age. It is illegal to buy restricted products if you are under age or for someone else who is under age.
Some of the items available for purchase from this website contain intoxicating liquor. When you place an order for an alcoholic product using this website, you confirm that you are aged 18 or over.
A personal gift message of up to 10 lines of 28 characters each (i.e. 280 characters including spaces), can be included with all orders. Please note that 'special' characters, clip art images, emoticons, etc. are not recognised. Please decide on your message before placing an order as an amendment after the order has been placed may not be possible.
The gift message will be placed inside of the delivery or in a pouch on the inside lid of the packaging.
Content & Intellectual Property Rights
www.millercouk.com, its products and content is protected by national intellectual property. You are only allowed to use content found on this website as expressly agreed by Miller & Co. Any reproduction or redistribution of our intellectual property rights may result in civil and criminal penalties. You also agree that you are not a partner, agent or reseller of Miller & Co or our products and we are not liable for any such representation, act or omission on your part.
In addition to these intellectual property rights, the content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. Nor can we promise that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.
Food, Food Hampers and Gift boxes
Hampers and Gift Boxes contain only the items listed. Some wine vintages may vary according to availability and props used in the photography are NOT included in the hampers or with bouquets unless stated. Packaging may vary. In the event of supply difficulties, we reserve the right to make substitutions with items of equal or greater value. Hampers with cool bags will only remain cool until delivery; the responsibility for the refrigeration thereon lies with the recipient.
Hampers containing fresh foods will be delivered using cool bags or boxes which will keep the items in good condition up to the delivery time, you must therefore ensure that there is someone to accept these items as responsibility for the refrigeration thereon lies with the recipient.
Food, alcohol, beverages and flowers are perishable and often have rapid expiry dates. Therefore food, alcohol, beverages, hampers with food items and flowers are excluded from your statutory right to return purchases within the fourteen working day 'cooling-off' period.
Cancellations Prior or After Despatch
Once placed, it may not be possible to prevent an order from despatch. Similarly once despatched we are unable to stop delivery or cancel the order. If you wish to cancel your order, please contact our Customer Services on 01452 527965. In the event that orders cannot be stopped or cancelled, you may return the items to us per your ‘Right to Cancel and Return Purchases’ below.
Right to Cancel and Return Purchases
You have the right to cancel your order without cause within a ‘cooling off’ period of 14 days from the day after you receive the goods. This right applies to all items except:
- Perishable goods and other items likely to expire rapidly, this includes all flowers, food and alcohol and beverages and hampers and gift boxes containing such items;
- Items worn next to the body;
- Sealed items where the seal has been broken; and,
- Personalised or bespoke items
If you wish to cancel and return your purchase, contact Customer Services on +44 01452 527965 with the order number quoted on the delivery note. Or complete the cancellation form and send this to our postal address, or our customer services email address: firstname.lastname@example.org. You will be given instructions about where to return the goods which must be made without undue delay and in any case within 14 days of notifying us. When the goods have been received and checked, a refund for the goods and the standard delivery charge (premium charges are not refundable) will be issued as soon as possible, this may mean that you will be contacted for repayment details. Please note that the cost of returning the goods is your responsibility.
Your statutory rights regarding damaged, defective or incorrect goods are not affected by this.
Items Damaged in Transit, Defective & Incorrect
If you take delivery of a package from us and the goods being delivered to you have been damaged in transit, or are: defective, not as described, not of satisfactory quality, not fit for purpose, or are not per a sample (i.e. “Faulty”), we will at your option either exchange or repair these items without charge to you, or (with the exception of the perishable and other goods above) for a period of 30 days from the date of sale, provide you with a full refund. We will check the items on their return, and we may request photos of the damage and packaging in order to enable us to investigate the matter with our courier and packing facility.
Beyond 30 days, you may assume that a fault in the item that is discovered in the first six months was a fault at the time of delivery (save where the product has a best before date, or where the fault has been caused by you or by the use of the product) and if we are not first able to repair or replace the goods, then we will provide you with a full refund in most cases. In such circumstances, please either: email customer services on email@example.com or call Customer Services +44 01452 527965 with the details and you will be provided with instructions and the address (UK only). It is your responsibility to ensure that the items are adequately wrapped. All goods should be returned unopened together with an undamaged proof of purchase.
Delivery to United Kingdom Addresses
For full information of our delivery services and charges, please consult our website, here. If you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific day delivery is selected. We make every effort to despatch items on time. If the items are not delivered within the time period we specify in the Confirmation Email, please contact our Customer Services team quoting the order reference contained in your Order Confirmation Email.
All deliveries are to an address (which must be correct) not a named individual. If a delivery at that address is not possible a card will be left saying that delivery was attempted and stating where the items will be held and the options available for delivery to be re-attempted or collection. If the delivery subsequently still fails or the delivery is refused by the recipient (e.g. an unwanted gift) then the goods will be returned to our Distribution Centre and you will be contacted for instructions of where the goods should be delivered. Refunds will not be available in these circumstances. If we are unable to make contact, the returned items will be sent to your address and you will be liable for additional costs.
Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure (e.g. weather) for which we will not be responsible. Any new delivery charges incurred due to such errors will be passed on to the sender.
Delivery Outside the United Kingdom
These are made within 14 working days, subject to customs inspections and delays. For full information of our delivery service, please click here. Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific day delivery is selected. However we are unable to guarantee delivery will be made by the one courier visit.
The products specified on this website are suitable and approved for use for customers within the United Kingdom (excluding Channel Islands and Isle of Man). Customers who choose to purchase items for usage and distribution to locations outside the United Kingdom do so at their own risk and have a personal responsibility regarding compliance with local laws. Due to the potential transit time, it is not possible to order perishable items.
Deliveries to the USA
For regulatory reasons, we are unable to take orders for the delivery of fresh food and alcohol products to mainland USA from the UK.
Large International Deliveries
For international delivery of five hampers or more, please contact our Customer Services team on +44 01452 527965.
Items for delivery outside the European Union may be subject to import duties, taxes and fees. These are levied once the items reach the specified destination. You, the customer, are responsible for import duties, taxes and fees incurred on your purchases. However, for orders placed on our website, you will be charged the delivered price. Customs authorities may request personal information such as Social Security number when inspecting your parcel; failure to provide this information to Customs will result in the parcel being returned, we therefore recommend that the recipient’s telephone details be included with the order. In this instance we are unable to refund the cost of postage and packaging. Please note that for items you order, you are considered the importer and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. Miller & Co cannot guarantee that your goods will arrive in the same condition that they were dispatched should they be subject to inspection.
Limitation of Liability
Save to the extent that we are responsible for foreseeable loss and damage caused by us, to the maximum extent permitted by law, Miller & Co accepts no liability and shall not be responsible for any loss or damage, whether foreseeable or otherwise, including direct, indirect, consequential, special or exemplary damages however they may arise.
Events Beyond Our Reasonable Control
We will not be responsible to you for any delay or failure to comply with our obligations under these General Terms & Conditions if the delay or failure arises from any cause beyond our reasonable control.
Alterations to this Website and General Terms and Conditions
If you breach these General Terms & Conditions of Sale and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing Law and Jurisdiction
These General Terms & Conditions are governed by and construed in accordance with the laws of England and are under the non-exclusive jurisdiction of the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
For order, product or service enquiries, including any complaints, please contact our Customer Services Department:
- Tel: Monday to Sunday 10am-5:30pm (GMT) +44 01452 527965 (national call rates may apply);
- Email: firstname.lastname@example.org
For corporate order enquiries, please contact our Client Services Department:
- Tel: Monday to Friday from 9am-5:30pm (GMT) +44 01452 527965 (national call rates may apply);
- Email: email@example.com
For returns authorised by Customer Services if they are damaged, faulty or incorrect they should be returned to the following address with a note setting out the order number (as shown on the delivery note received with the delivery) and the reason for the return:
Miller & Co, Unit 20D Morelands Trading Estate, Gloucester, GL1 5RZ. UK
Miller & Co is a trading name of Joanna Eriksen
VAT No. GB341079411
Miller & Co, Unit 20D Morelands Trading Estate, Gloucester, GL1 5RZ. UK
Promotions and Promotional Codes
If you have a published Miller & Co promotion code, please note that offers cannot be used in conjunction with any other offers and offers apply to one per household. Thank you for taking the time to study these terms and conditions. Should you have any further enquiries please contact Customer Services 01452 527965